The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-11-06

await myself OF this occasion TO say that, while
concur In the conclusions reached and also
IN the general views 40 entered In the opinion
filed, I do not wish 10 be understood as holding
that the record In free from error, for do not
think II ia Which In to cay that Mr. Justice
Mulksy agrees TO the conclusions, but not TO
the premises on which they are founded He
agrees g the general views but not to The
must DO a, least dubious. II the spscisl ,Ica.
them as ths hSnsss
sJudas Monkeys concurrence IN death for
the Anarchists, on general principles, 10 out
hss a 81 ss' 'R sr ssd TIC
d The hSneips Il 4 gang p BAD eharaoiers. but
most OF 'em was guilty. The apology was
ss M .S Rs .. hs ai sss s
aspensibiiity ior its errors; ne kkTnowls that hat
mt u L viii be- ' embaipsd In TIC Reports. 10
,Jstains the dscision, barring the errors in It
5 ss q s 1S IL ss when
tie Tie s bar q Illinois lsqghlne a. shs decision
s at s n he %Ses
fhat you ridIculo are the errors that meant h !.
opinion the errors hS confesses.
. "Chicf Justice, Plate confessed tnat tnefo
gssss S BIZ ;hs ssa s'.Ps
s sssaa q sss ~ss
yn ss he When HIS IL ases SDnG 70
tho record 2, it s, ,ns
ths prlsonsr s.' IN Il. trial Of tho
the law Itself wac bent and strained to the
ssa on the psro Ss Fl ths
tween as s' tSs accused and he stsss: They were
SSSa: nc he city and
was g the service Of the prosecution. The
Sss urse o. s0s 5f
Eh s' wsrs bes.sn from the 80, start: +. #. IL
FEY afssn' played daf Tor ni jury Win dice iosSsa
sss. them Tsi 81 %ss asoo b.
d dhe 1Ens' II nA schnsubsIt threw the bomb
as sS s%Rssms s0 sS
ieges that Schnaubelt threw 1t. II sehnsubelt
5 NOT ep s the so o Tsa
cause the Indictment says that Il was not
thrown BY him. but 81, an unknown person.
:. All the proof introduced by the defsndants
thus tending to show that schnaubelt did not
throw tho bomb, TENDED also to prove tha1 an
ike That escape is hopeless. Esidsnce and it's
contradiction are alike fatal to the accused.
most eapsrispeed pilot cannot eztricste Il:
81 Dhsopsa a a ..a he sysn a sa
have shown that the, conspiracy and the trax-
s 81
the opinion itself that throws ssrcasm upon
with the mode Of attack as planned And
Ss ss 81 Sss
street citation was Y sisht OF the speaker,
self, and II the policemen had been shot down
while, comm" out. q Gart OF the conspiracy
was asrssd upon. BY re- soning upside down
IN that fashion the tragedy. in the Haymarket
is connected with conspiracy that was not
%oteiy ide e With said oonsprscy are are con-
nected with q bomb thrown by a, person I'M
association S wHa ever With The seven men. moi
any wav connected at all with tho so-called
The Supreme Court itself virtually rejects
for the more comprehensive drag-net theory
ss5eFn
prosecution attempted 20 show on the trial.
a s x to .RasssSs h any a d h
sR a, s sSpsne Court sssi WA wa. eoasPI1ssyy
sess n'd aandrsd see aye ana
Is 5s and into S'ss;
stations in tho city. ,Well-drIled, men. armed
with rifles to b stationed Outside to
consprators were to march inward toward
the heart Of TIE oity destroyinE whatever
the hose q he firemen were to be cut, and tho
,reiRn Of anarchy begin. Nothing Of the kind
occurred. nothing OF 1t was attempted. nothing
81 LG1searea i'f except the making OF BOMBS
According to the conspiracy. relied on By
snssSsa IN Il and nay e bomss
fact. only one bomb Was thrown. and that BY
t6rowing, was the rsysnEeful act Of one man
alone There we're no armed men on with rifles
By the mob 10 disputed By strong evidence.
spiraey was absent from the trssedy snd for
q hi l. f':s hsSs
been. IT bomb had been thrown into ne
sSsoy wye been P' oP sSs
which never happened had been done-s con-
BplTuOy Vi WHICH,, II CN0X cAibtcus bOiu0
OF the condemned men could not pos
sibly have had any knowledge. And thus
the evidence In tho case overwhel mingly proves
that the mode OF attack as made did not cor
respond with the modo of attack as planned.
Had the Indictment been simply for . con-
tic prosecution would have been held down to
clear and definite allegations, with which the
evidence would have been compelled to cor
respond. As 1t was. the heavier crime Of muir
der was permitted to rest upon an undo-
fined and shadow charge composed Of
opposite and contradietory INGREDIENTS;
being substantial aconsation based on fact,
avermonts on which Issue might be taken. was
nothing but claim growing out OF mass of
inooherent running testimony, shifting day by
day. Tho conspiracy was o remote cloud.
changing its form continually IN obedience to
the changing winds Of evidence. Ono day it
was like o weasel, the next II was backed like
o camel and at last It was very like a whale
But, aside from these two points and the fact
that no one Of these mon was even charged
with throwing the bomb. and the further fact
that Parsons still insists that his wife and chill
dron were with him at the Haymarket meat
ing the incontroysrtibls fact remains that the
prisoners were tried and found guilty after
sixty days inNes igation, that with the trifling
exception noted above, the Judges, OF the Su.
prem6 Court Of Appeals unanimously sustained
the action Of tho lower court, and that. after
careful consideration. tho Supreme Court of the
United States insists that everything was done